[Federal Register Volume 61, Number 217 (Thursday, November 7, 1996)]
[Rules and Regulations]
[Pages 57583-57585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28585]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 103
[INS No. 1802-96]
Extension of Implementation Date for Use of Designated
Fingerprinting Services
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Final rule.
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SUMMARY: A final rule certifying Designated Fingerprinting Services
(DFS) to take fingerprints of applicants for immigration benefits was
published by the Immigration and Naturalization
[[Page 57584]]
Service (``the Service'') in the Federal Register on June 4, 1996, with
an effective date of July 5, 1996. Implementation was to have begun on
November 1, 1996. Due to an insufficient number of certification
requests received by the Service, the Service is amending its
regulations by extending the implementation date. This will give
prospective DFSs additional time to submit their applications. The
purpose is to ensure adequate fingerprint services are available to
applicants for immigration benefits. The Service will now require
applicants for immigration benefits to submit fingerprints taken either
by Service officers or those entities that have filed an application
for DFS certification with the Service before March 1, 1997.
EFFECTIVE DATE: November 1, 1996.
FOR FURTHER INFORMATION CONTACT:
Customer Service Branch, Immigration and Naturalization Service,
Benefits Division, Room 3040, 425 I Street, NW., Washington, DC 20536,
telephone (202) 307-3587 or Jack Rasmussen, Staff Officer, (202) 514-
3156, fax (202) 514-2093.
SUPPLEMENTARY INFORMATION:
Background
The final rule certifying Designated Fingerprinting Services (DFSs)
to take fingerprints of applicants for immigration benefits was
published by the Service in the Federal Register on June 4, 1996, at 61
FR 28003, and became effective on July 5, 1996. That final rule
established the eligibility requirements and application procedures for
DFS certification. The implementation of that rule will facilitate the
processing of applicants for immigration benefits, protect the
integrity of the fingerprinting process, and relieve the strain on
Service personnel from taking fingerprints. The final rule would have
been implemented in two stages: (1) As of November 1, 1996, the Service
would have required that all fingerprints submitted to taken by a
Service employee, a DFS fingerprinter, including law enforcement agency
that is registered as a DFS, or an intending DFS who has completed and
filed an application for certification with the Service; and (2) as of
January 1, 1997, the Service would have only accepted from applicants
for immigration benefits fingerprint cards taken by an approved or
authorized entity or Service employee.
Extension of the Implementation Dates
In order to ensure adequate fingerprint services are available to
applicants for benefits, the Service is extending the DFS
implementation date to March 1, 1997. As of that date, all fingerprints
submitted to INS with applications must have been taken by a DFS
fingerprinter, including law enforcement agencies who file for DFS
status, an intending DFS who has completed and filed an application for
certification with the Service, or a Service employee. The time
required for adjudication of an application may vary due to the need
for additional information. Since we do not wish to interrupt the
operation of a business unnecessarily, no final cessation date for the
authority of ``pending'' applications will be imposed until the
application has been adjudicated. However, prospective DFSs who file
their applications on or after March 1, 1997, must wait until after
their applications have been processed and they have been certified by
the Service before beginning to provide fingerprint services.
The Service's implementation of this rule as a final rule is based
on the ``good cause'' exception found at 5 U.S.C. 553(b)(B). The reason
and necessity for immediate implementation are as follows: This
regulation relates to agency management and practice of good customer
service because it will give prospective DFSs more time to file their
applications and allow the public to utilize fingerprinting services in
their own communities.
Regulatory Flexibility Act
The Commissioner of the Immigration and Naturalization Service, in
accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has
reviewed this regulation and, by approving it, certifies that the rule
will not have a significant economic impact on a substantial number of
small entities. This rule merely extends the implementation date to
allow prospective DFS's sufficient time to submit their applications.
Executive Order 12866
This rule is not considered by the Department of Justice,
Immigration and Naturalization Service, to be a ``significant
regulatory action'' under Executive Order 12866, section 3(f),
Regulatory Planning and Review, and the Office of Management and Budget
has waived its review process under section 6(a)(3)(A).
Executive Order 12988
This final rule meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of E.O. 12988.
Executive Order 12612
The regulation will not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 12612, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
List of Subjects in 8 CFR Part 103
Administrative practice and procedure, Authority delegations
(Government agencies), Reporting and recordkeeping requirements.
Accordingly, part 103 of chapter I of title 8 of the Code of
Federal Regulations is amended as follows:
PART 103--POWERS AND DUTIES OF SERVICE OFFICERS; AVAILABILITY OF
SERVICE RECORDS
1. The authority citation for part 103 continues to read as
follows:
Authority: 5 U.S.C. 552, 552a; 8 U.S.C. 1101, 1103, 1201, 1252
note, 125b, 1304, 1356; 31 U.S.C. 9701; E.O. 12356, 47 FR 14874,
15557, 3 CFR, 1982 Comp., p. 166; 8 CFR part 2.
2. Section 103.2 is amended by:
a. Revising the introductory text in paragraph (e)(3); and
b. Revising paragraph (e)(3)(ii), to read as follows:
Sec. 103.2 Applications, petitions, and other documents.
* * * * *
(e) * * *
(3) Transition to use designated fingerprinting services. As of
March 1, 1997, the Service will not accept fingerprint cards for
immigration benefits unless they are taken by:
* * * * *
(ii) An intending DFS or organization that has completed and filed
an application for DFS status prior to March 1, 1997, which may,
pending the Service's action upon its application, take fingerprints
and complete the Form I-850A, indicating that its application for DFS
status is pending. This provisional authority for an outside entity
shall cease when its application is denied;
* * * * *
[[Page 57585]]
Dated: October 31, 1996.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 96-28585 Filed 11-1-96; 4:25 pm]
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